help with a change of mind return

KittenChops

Could I please have some help with a (change of mind) return of an online purchase please?  I have not contacted them as yet to organise this as having looked at their returns policy, I am not sure it conforms to the legislation…

Ordered a sale item (pair of trainers) from https://www.80scasualclassics.co.uk/ on 18th March.  

Received 2 emails from them on the same date; the first was an order confirmation & the second was telling me the order had been “forwarded to be picked & packed in our warehouse”.  Neither email had any T&Cs included or any attachments - just confirmation of the item I had ordered

I then received 3 emails from Royal Mail on 19th March, the last one just after the item was delivered.

All that was received with the trainers was a single sheet of A4 with the order details, which included the line “if you need to return an item please check the Returns Policy on our website”.  The box the trainers were in was in a branded plastic bag and the cardboard shoe box is damaged slightly on one corner.

Returns info on the website can be found here: https://www.80scasualclassics.co.uk/frequently-asked-questions-i1556

…and is as below:

“1. What is the returns policy?

UK buyers have 10 working days to return unwanted goods and international buyers have 14 working days for a refund. Buyers can return items for a refund providing they are sent in the same condition in which they are received with tags attached and boxes intact. If you require an alternate size you can request an exchange by listing the size you wish to have sent back out, however we would recommend reordering and returning the item for a refund. This is because we cannot guarantee that the required size will be in stock at the time that the returning parcel arrives back with us. Customers will be refunded in the event that an item is returned for another size which is no longer available.

2. How do I return my order?

If you wish to return your order please do so by sealing the package up securely and folding the unwanted items. Send them back via a recorded delivery to the returns address, as stated on your invoice, with a copy of your invoice inside the parcel. Please ensure that all tags remain attached to the returning item and that all trainer boxes are kept intact. Please also ensure that your name and order number are clearly indicated on the returning paperwork so we are able to match the returning item with your order. Buyers should retain any postage receipts until the order is refunded just in case the parcel should become lost in transit.

3. Will I be credited the returns postage costs?

We do not refund returns postage costs unless the items received were faulty in the first place or an order was sent out incorrectly by 80s Casual Classics.”

I ordered these for someone’s birthday present - the recipient has changed their mind - they have not even been tried on or taken out of the box.

I am outside of 14 working days (as per DSR) and obviously outside of their own 10 working days to return.

I have no problem with paying postage (as is a change of mind) but am wondering if I can still return, given that they didn’t send me any T&Cs in a durable format as per DSR?  I’m also nervous about organising the return myself, in case it goes missing - and about the fact that the shoe box was slightly damaged upon delivery.

ETA - actually I think today is the 14th working day since delivery on 19th March?

TELLIT01

If they are a UK based company you have 14 days from receipt of an item to reject it, and a further 14 days to return it.  They cannot have T&C which are less than your statutory rights.

You are outside the 14 days.  Counting from the 20th March, the 14th day would be the 3rd of April.  All you can do is contact them and ask if they will accept them back.

KittenChops

TELLIT01 said:

If they are a UK based company you have 14 days from receipt of an item to reject it, and a further 14 days to return it.  They cannot have T&C which are less than your statutory rights.

You are outside the 14 days.  Counting from the 20th March, the 14th day would be the 3rd of April.  All you can do is contact them and ask if they will accept them back.

Thank you
I am assuming they are UK based... 
(obv got days & working days mixed up - agree I am outside of 14 days)
What about the fallback of not having providing T&Cs in a durable format - does this give me 1 year + 14 days?

Penguin_

KittenChops said:

TELLIT01 said:

If they are a UK based company you have 14 days from receipt of an item to reject it, and a further 14 days to return it.  They cannot have T&C which are less than your statutory rights.

You are outside the 14 days.  Counting from the 20th March, the 14th day would be the 3rd of April.  All you can do is contact them and ask if they will accept them back.

Thank you
I am assuming they are UK based... 
(obv got days & working days mixed up - agree I am outside of 14 days)
What about the fallback of not having providing T&Cs in a durable format - does this give me 1 year + 14 days?

I'd say they are
80s Casual Classics Ltd Registered office Unit 2 Triumph Way, Woburn Road Industrial Estate, Kempston, Bedford, MK42 7QB, Registered in England & Wales
Company Registration Number 6922118 VAT no. GB972825683 

flaneurs_lobster

KittenChops said:

TELLIT01 said:

If they are a UK based company you have 14 days from receipt of an item to reject it, and a further 14 days to return it.  They cannot have T&C which are less than your statutory rights.

You are outside the 14 days.  Counting from the 20th March, the 14th day would be the 3rd of April.  All you can do is contact them and ask if they will accept them back.

Thank you
I am assuming they are UK based... 
(obv got days & working days mixed up - agree I am outside of 14 days)
What about the fallback of not having providing T&Cs in a durable format - does this give me 1 year + 14 days?

What do you believe "a durable format" means and why does having the T&Cs on the website not meet this description?

KittenChops

flaneurs_lobster said:

KittenChops said:

TELLIT01 said:

If they are a UK based company you have 14 days from receipt of an item to reject it, and a further 14 days to return it.  They cannot have T&C which are less than your statutory rights.

You are outside the 14 days.  Counting from the 20th March, the 14th day would be the 3rd of April.  All you can do is contact them and ask if they will accept them back.

Thank you
I am assuming they are UK based... 
(obv got days & working days mixed up - agree I am outside of 14 days)
What about the fallback of not having providing T&Cs in a durable format - does this give me 1 year + 14 days?

What do you believe "a durable format" means and why does having the T&Cs on the website not meet this description?

because they can change their website whenever they want - so the T&Cs you agree to on ordering, might not be what are on their website now
- plus I think it's what the DSR regs require (otherwise 14 day return window changes to 1 year + 14 days) - that's what I'd like confirmation of

KittenChops

KittenChops said:

flaneurs_lobster said:

KittenChops said:

TELLIT01 said:

If they are a UK based company you have 14 days from receipt of an item to reject it, and a further 14 days to return it.  They cannot have T&C which are less than your statutory rights.

You are outside the 14 days.  Counting from the 20th March, the 14th day would be the 3rd of April.  All you can do is contact them and ask if they will accept them back.

Thank you
I am assuming they are UK based... 
(obv got days & working days mixed up - agree I am outside of 14 days)
What about the fallback of not having providing T&Cs in a durable format - does this give me 1 year + 14 days?

What do you believe "a durable format" means and why does having the T&Cs on the website not meet this description?

because they can change their website whenever they want - so the T&Cs you agree to on ordering, might not be what are on their website now
- plus I think it's what the DSR regs require (otherwise 14 day return window changes to 1 year + 14 days) - that's what I'd like confirmation of

plus - as per OP - am nervous about sending it back under my own steam / plus box was damaged when delivered (which their T&Cs indicate could be a problem)

DullGreyGuy

KittenChops said:

Could I please have some help with a (change of mind) return of an online purchase please?  I have not contacted them as yet to organise this as having looked at their returns policy, I am not sure it conforms to the legislation…

Ordered a sale item (pair of trainers) from https://www.80scasualclassics.co.uk/ on 18th March.  

Received 2 emails from them on the same date; the first was an order confirmation & the second was telling me the order had been “forwarded to be picked & packed in our warehouse”.  Neither email had any T&Cs included or any attachments - just confirmation of the item I had ordered

I then received 3 emails from Royal Mail on 19th March, the last one just after the item was delivered.

All that was received with the trainers was a single sheet of A4 with the order details, which included the line “if you need to return an item please check the Returns Policy on our website”.  The box the trainers were in was in a branded plastic bag and the cardboard shoe box is damaged slightly on one corner.

Returns info on the website can be found here: https://www.80scasualclassics.co.uk/frequently-asked-questions-i1556

…and is as below:

“1. What is the returns policy?

UK buyers have 10 working days to return unwanted goods and international buyers have 14 working days for a refund. Buyers can return items for a refund providing they are sent in the same condition in which they are received with tags attached and boxes intact. If you require an alternate size you can request an exchange by listing the size you wish to have sent back out, however we would recommend reordering and returning the item for a refund. This is because we cannot guarantee that the required size will be in stock at the time that the returning parcel arrives back with us. Customers will be refunded in the event that an item is returned for another size which is no longer available.

2. How do I return my order?

If you wish to return your order please do so by sealing the package up securely and folding the unwanted items. Send them back via a recorded delivery to the returns address, as stated on your invoice, with a copy of your invoice inside the parcel. Please ensure that all tags remain attached to the returning item and that all trainer boxes are kept intact. Please also ensure that your name and order number are clearly indicated on the returning paperwork so we are able to match the returning item with your order. Buyers should retain any postage receipts until the order is refunded just in case the parcel should become lost in transit.

3. Will I be credited the returns postage costs?

We do not refund returns postage costs unless the items received were faulty in the first place or an order was sent out incorrectly by 80s Casual Classics.”

I ordered these for someone’s birthday present - the recipient has changed their mind - they have not even been tried on or taken out of the box.

I am outside of 14 working days (as per DSR) and obviously outside of their own 10 working days to return.

I have no problem with paying postage (as is a change of mind) but am wondering if I can still return, given that they didn’t send me any T&Cs in a durable format as per DSR?  I’m also nervous about organising the return myself, in case it goes missing - and about the fact that the shoe box was slightly damaged upon delivery.

ETA - actually I think today is the 14th working day since delivery on 19th March?

CCR is 14 days, not 14 working days. They stipulate 10 working days which may be better or worse than the CCR's 14 days depending on when they are received but it's broadly the same thing. Your standard rights therefore expired on the 2 April. 

If you want to argue that they have not yet fulfilled their requirements to provide the Schedule 2 information in a durable medium and therefore you are still in time then good luck... you would probably be better off picking up the phone and acknowedlging your over their 10 working days but it was a present and they've not even been taken out the box etc. People are more amenable to those who ask nicely than those that trying to argue the law. 

KittenChops

DullGreyGuy said:

KittenChops said:

Could I please have some help with a (change of mind) return of an online purchase please?  I have not contacted them as yet to organise this as having looked at their returns policy, I am not sure it conforms to the legislation…

Ordered a sale item (pair of trainers) from https://www.80scasualclassics.co.uk/ on 18th March.  

Received 2 emails from them on the same date; the first was an order confirmation & the second was telling me the order had been “forwarded to be picked & packed in our warehouse”.  Neither email had any T&Cs included or any attachments - just confirmation of the item I had ordered

I then received 3 emails from Royal Mail on 19th March, the last one just after the item was delivered.

All that was received with the trainers was a single sheet of A4 with the order details, which included the line “if you need to return an item please check the Returns Policy on our website”.  The box the trainers were in was in a branded plastic bag and the cardboard shoe box is damaged slightly on one corner.

Returns info on the website can be found here: https://www.80scasualclassics.co.uk/frequently-asked-questions-i1556

…and is as below:

“1. What is the returns policy?

UK buyers have 10 working days to return unwanted goods and international buyers have 14 working days for a refund. Buyers can return items for a refund providing they are sent in the same condition in which they are received with tags attached and boxes intact. If you require an alternate size you can request an exchange by listing the size you wish to have sent back out, however we would recommend reordering and returning the item for a refund. This is because we cannot guarantee that the required size will be in stock at the time that the returning parcel arrives back with us. Customers will be refunded in the event that an item is returned for another size which is no longer available.

2. How do I return my order?

If you wish to return your order please do so by sealing the package up securely and folding the unwanted items. Send them back via a recorded delivery to the returns address, as stated on your invoice, with a copy of your invoice inside the parcel. Please ensure that all tags remain attached to the returning item and that all trainer boxes are kept intact. Please also ensure that your name and order number are clearly indicated on the returning paperwork so we are able to match the returning item with your order. Buyers should retain any postage receipts until the order is refunded just in case the parcel should become lost in transit.

3. Will I be credited the returns postage costs?

We do not refund returns postage costs unless the items received were faulty in the first place or an order was sent out incorrectly by 80s Casual Classics.”

I ordered these for someone’s birthday present - the recipient has changed their mind - they have not even been tried on or taken out of the box.

I am outside of 14 working days (as per DSR) and obviously outside of their own 10 working days to return.

I have no problem with paying postage (as is a change of mind) but am wondering if I can still return, given that they didn’t send me any T&Cs in a durable format as per DSR?  I’m also nervous about organising the return myself, in case it goes missing - and about the fact that the shoe box was slightly damaged upon delivery.

ETA - actually I think today is the 14th working day since delivery on 19th March?

CCR is 14 days, not 14 working days. They stipulate 10 working days which may be better or worse than the CCR's 14 days depending on when they are received but it's broadly the same thing. Your standard rights therefore expired on the 2 April. 

If you want to argue that they have not yet fulfilled their requirements to provide the Schedule 2 information in a durable medium and therefore you are still in time then good luck... you would probably be better off picking up the phone and acknowedlging your over their 10 working days but it was a present and they've not even been taken out the box etc. People are more amenable to those who ask nicely than those that trying to argue the law. 

Yes, totally agree, and this is most likely what I will do - but I would like something to fall back on if they won't
And also - the other 2 points - having to return of my own accord (so risk wont pass to the retailer until / if they receive it) and the fact the box was slightly damaged on delivery (when their T&Cs indicate this might be a problem)